Which instrument creates a lien in a deed conveying title?

Study for the Burk Baker National Test. Use flashcards and multiple choice questions with hints and explanations to prepare effectively. Get ready for your exam!

Multiple Choice

Which instrument creates a lien in a deed conveying title?

Explanation:
A lien on real estate is created by the security instrument that pledges the property as collateral for a loan. When the deed conveys title to secure a loan, the instrument used is a deed of trust. It transfers legal title to a trustee while the borrower retains possession, and it encumbers the property with a lien in favor of the lender. This lien gives the lender a remedy if the loan isn’t repaid, often allowing foreclosure under the terms of the trust deed. A mortgage also creates a lien, but it is not a deed; it’s a separate security instrument. A warranty deed and a quitclaim deed, on the other hand, are about transferring title and do not create a lien against the property.

A lien on real estate is created by the security instrument that pledges the property as collateral for a loan. When the deed conveys title to secure a loan, the instrument used is a deed of trust. It transfers legal title to a trustee while the borrower retains possession, and it encumbers the property with a lien in favor of the lender. This lien gives the lender a remedy if the loan isn’t repaid, often allowing foreclosure under the terms of the trust deed.

A mortgage also creates a lien, but it is not a deed; it’s a separate security instrument. A warranty deed and a quitclaim deed, on the other hand, are about transferring title and do not create a lien against the property.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy